Is entering a college party legal?

College Party Legality - Entry

I asked the Wicomico County States Attorney's Office to provide some clarification for those officers working on the college housing sites, specifically in reference to entering apartments during parties. 

I was concerned about the legality of entering a residence without the consent of the owner. Typically, this would be considered a 4th amendment violation if the police conducted such entry without a 4th amendment exception. This means that the police cannot enter a residence without the express consent of the owner unless there is a hot pursuit, exigent circumstances (clear destruction of evidence), or an emergency (shooting, domestic, medical, burglary, open door, etc). If they do, anything they observe that is criminal is suppressible in court under fruits of the poisonous tree. 

Security officers, however, do not have police powers and are not governed by the constitution. That is to say that citizens have no constitutional protection from other citizens. The constitution, specifically the bill of rights, only protects citizens from the government. However, citizens are liable for both criminal and civil liability. In other words, citizens, security officers, can be held criminally chargeable and civically liable (lawsuit) in the event they conduct themselves unlawfully or cause a tort (an action civilly penalized by either a punitive or actual award). 

In any event, the act of entering a residence without the consent of the owner or renter can constitute a 4th-degree burglary. Regardless if the student signs an agreement with management that the management can enter at any time, this does not circumvent criminal law. Although probably difficult to prosecute, care should be given by USTASC patrol officers NOT TO ENTER residences. You can stand at the doorway and give advisories. However, breaking the threshold of the doorway technically constitutes a 4th degree burglary.  

First, it's tactically a poor idea, you never know who is behind doors or what weapons they have. Second, legally, it's questionable. So don't place yourself in a liability oriented situation. Call the police if in doubt and let them make entry.

An exception would be a medical emergency if the security officer has medical training. 

-Chief E. Avnet